Andhra Pradesh High Court - Amravati
No.F.Ii.I/10640/2013 vs State Of Chattisgarh & Others And ... on 28 December, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION (AT) No.861 of 2021
ORDER :
This writ petition has been filed to declare the
proceedings of the 1st respondent bearing Memo
No.F.II.I/10640/2013, dated 25.06.2016 as illegal and
arbitrary and consequently direct the 1st respondent to
consider the case of the petitioner for appointment by
transfer as Librarian and appoint him as such in anyone of
the vacancies existing prior to amended Rules i.e., A.P.
Technical Education Service Rules issued in G.O.Ms.No.11
Higher Education (TE-I) Department, dated 25.02.2013 by
following the pre-amended Rules, issued in G.O.Ms.No.76
Higher Education (TE-2) Department, dated 20.10.2003 i.e.,
A.P. Technical Education Subordinate Service Rules and
confer all consequential benefits.
2. The case of the petitioner is that the Special Rules
called as AP. Technical Education Subordinate Service Rules
were issued in G.O.Ms.No.76 Higher Education (TE-2)
Department dated 20.10.2003, consisting of various
categories including the post of Librarian, which is shown at
category-2 in Class-C of Rule of the Rules. Rule 3 of the
said Rules provides method of appointment and appointing
authority and the post of Librarian shall be filled up by way
of Direct Recruitment or Recruitment by transfer from any
other service for special reasons and the 1st respondent is
the appointing authority. It is stated that as the petitioner
has possessed the requisite qualifications as per the Special
Rules for recruitment by transfer to the post of Librarian
since he passed M.Lirarian Science and degree with higher
2nd class, he made a representation to the respondents on
28.09.2012. The said representation of the petitioner laws
forwarded by the 3rd respondent to the 1st respondent who is
the appointing authority has issued Memo
No.33319/OP.V/2012-1, GA (OP.V) Department, dated
23.11.2012. But no orders have been passed. Thereafter,
though the petitioner has made so many representations for
consideration of his case, the respondents have not taken
any action. Therefore, the petitioner has approached the
A.P. Administrative Tribunal by way of filing O.A No.158 of
2016 and the same was disposed of by the Tribunal vide
order dated 27.01.2016 directed the 1st respondent to
consider and pass appropriate orders on the representation
of the petitioner dated 22.5.2015 in terms of the judgment of
Hon'ble Supreme Court, if there are any vacancies earlier to
the amendment to the Rules and pass appropriate orders
within a period of two months from the date of receipt of a
copy of that order. However, instead of issuing an
appointment order appointing the petitioner as Librarian, by
transfer, the 1st respondent has issued the impugned
proceedings bearing Memo No.F.II.1/10640/2013, dated
25.06.2016. Challenging the same, the present writ petition
has been filed.
3. The Counter affidavit has been filed by the
respondents No.1 and 2 denying all the allegations made in
the petition and contended that the Government vide Memo
No.33319/OP.V/2012-1, GA (OP.V) Department, dated
23.11.2012 has recommended for appointment by transfer
of the petitioner as Librarian in Government Polytechnics in
Zone-III. The General Administration (OP.V) Department,
has mere forwarded the application of the petitioner to the
Commissioner of Technical Education, who in turn in its
Memo the Government stated that "the representation of the
petitioner along its enclosures is forwarded to the
Commissioner, Technical Education, Hyderabad, for further
action at their end." Moreover the petitioner did his Master
of Library through Distance Mode from Madhurai Kamaraj
University, Madurai, at which time he was not in this
department, the said University cannot be taken as valid for
the State of Andhra Pradesh, as the University is established
by the Act of Tamilnadu. The UGC, in the public notice
No.F.27-1/2012 (CPP-II) dated, 27.06.2013 stated that the
University established or incorporated by an order of State
Act shall operate only within the territorial jurisdiction
allotted to it under its Act and in no case beyond the
territory of the State of its location. In the light of the UGC
public notice, the Madurai Kamaraj University established
by the Act of Tamilnadu State is valid for the State of
Tamilnadu only. Therefore, the petitioner has no right over
the post of Librarian for appointment by transfer/promotion
in any Government Polytechnics in Zone-III as he is not in
the Department of Technical Education as on the date of
application and the qualification of M.L.I Sc possessed by
him is not valid for the State of Andhra Pradesh in view of
the Supreme Court judgment in Prof. Yashpal & Anr vs.
State of Chattisgarh & others and UGC clarifications.
4. The counter affidavit has been filed by the 3rd
respondent denying all the allegations made in the petition
and while reiterating the averments in the counter filed by
the respondents No.1and 2, contended that this respondent
has forwarded the representations of the petitioner to the
Commissioner of Technical Education Department for taking
necessary action and the consideration of representation or
rejecting the same is vested with the respondents Nos.1 and
2 only and this respondent has no role to decide the request
of the petitioner. Hence, prayed to dismiss the petition
against the 3rd respondent.
5. Heard Sri S. Gopal Rao, learned counsel
appearing for the petitioner and learned Government Pleader
for Services-III appearing for the respondents.
6. During hearing, both the learned counsel for the
petitioner reiterated the averments made in the petition,
whereas learned Government Pleader for the respondents
also reiterated the contents made in the counter affidavits.
7. On hearing, learned counsel for the petitioner
submits that the petitioner is fully qualified for the post of
Librarian as per the Rules issued in A.P. Technical
Education Subordinate Service in G.O.Ms.No.76 Higher
Education (TE.2) Department, dated 20.10.2003 where
under the method of appointment to the post of Librarian is
mentioned as (i) By direct recruitment; (ii) By recruitment by
transfer from any other service for special reasons. In view
of the same the petitioner is eligible and qualified for being
considered for appointment by transfer as Librarian.
Despite his making representations, his case was not
considered. He further submits that the Rules were
amended through G.O.Ms.No.11 Higher Education (TE.1)
Department, dated 25.2.2013 by taking away the method of
recruitment i.e., "By recruitment by transfer from any other
service or special reasons" under the method of recruitment
and as such the petitioner is not entitled to be considered
for appointment by transfer to the post of Librarian as per
the amended Rules.
8. Per contra, learned Government Pleader while
reiterating the averments made in the counter submits that
the petitioner has no right over the post of Librarian for
appointment by transfer/promotion in any Government
Polytechnics in Zone-III, as he is not in the Department of
Technical Education as on the date of application and the
qualification of M.L.I.Sc. possessed by him is not valid for
the State of Andhra Pradesh. He further submits that the
Hon'ble Supreme Court in Y.V. Rangaiah Vs J. Srinivasa
Rao held that "Transfer or promotions to the post of Sub
Registrar Grade-II" - Vacancies which occurred prior to
amended rules would be governed by old rules and not by
new rules" is not at all applicable to the present case, since
it is not the question of date of arising of vacancy and it is
not a Transfer or Promotion. The applicant is seeking an
appointment to the Post of Librarian from one Unit to the
other which is not permissible as per rules. Therefore his
application cannot be considered for appointment to the
post of Librarian in terms of the rules in existence and the
qualification possessed by him.
9. It is pertinent to mention here that the
G.O.Ms.No.11 Higher Education (TE.1) Department, dated
25.02.2013 has been issued amending the Special Rules for
A.P. Technical Education Services, by including the post of
Librarian and amending Rule 3, which provides that the
post of Librarian shall be filled up by direct recruitment
(75%) and by promotion from any category in the APTESS,
APMS or APGSS in the Department of Technical Education
(25%) in the place of recruitment by transfer from any other
service for special reasons.
10. This Court observed that as per the law laid down
by the Hon'ble Supreme court of India in a case of Y.V.
Rangaiah Vs. G. Srinivasa Rao1, the vacancies, which have
been arisen for the posts of Librarian have to be filled up
strictly by following the Special Rules i.e., A.P. Technical
education Subordinate Services Rules issued in
G.O.Ms.No.76, Higher Education (TE.2) Department, dated
20.10.2003, as it is held that the Rules which are existing
as on the date of occurrence fo vacancies have to be followed
for filling up of such vacancies. Therefore, the amended
AIR 1983 SC 853
Rules issued in g.O.Ms.No.11 dated 25.02.2013 has
noapplciaiton for filling up the post of Librarians, which
occurs prior to the said Rules.
11. Having regard to the facts and circumstances and
on considering the submissions of both the learned
counsels, this Court deems fit to dispose of the writ petition
while declaring the impugned proceedings dated 25.06.2016
issued by the 1st respondent as illegal.
12. Accordingly, the Writ Petition is allowed setting
aside the impugned proceedings bearing Memo
No.F.II.1/10640/2013, dated 25.06.2016 issued by the 1 st
respondent. Further, the 1st respondent is directed to
consider the case of the petitioner for appointment by
transfer as Librarian and appoint him as such in anyone of
the vacancies existing prior to amended Rules i.e., i.e., A.P.
Technical Education Service Rules issued in G.O.Ms.No.11
Higher Education (TE-I) Department, dated 25.02.2013 by
following the pre-amended Rules, issued in G.O.Ms.No.76
Higher Education (TE-2) Department, dated 20.10.2003 i.e.,
A.P. Technical Education Subordinate Service Rules. There
shall be no order as to costs.
As a sequel, all the pending miscellaneous
applications shall stand closed.
______________________________
DR. K. MANMADHA RAO, J.
Date : -12-2022
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HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION (AT) No.861 of 2021
Date : .12.2022
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